Freddie Ross v. United States

Freddie Ross appeals the district court’s denial of his motion under Federal Rule of Criminal Procedure 41(e) for return of seized property. The court denied his motion without a hearing and without a response from the government. For the reasons stated below, we reverse.

First, the district court incorrectly concluded that Ross could not bring the motion after having been convicted. See Thompson v. Covington, 47 F.3d 974, 975 (8th Cir.1995) (per curiam) (“Post-conviction filings for the return of property seized in connection with a criminal case are treated as civil equitable actions, and…